Category Archives: Family
The Division of Assets and Debts in a Same-Sex Divorce
In 2011, New York State passed the Marriage Equality Act. In 2015, the U.S. Supreme Court ruled that same-sex marriage was legal in all 50 states. Since then, LGBTQ+ couples have enjoyed roughly the same rights and privileges as their heterosexual counterparts. But this hasn’t come without complications. Since same-sex marriage has only been… Read More »
Do Mothers Still Get Preference in Child Custody Disputes in New York State?
Traditionally, mothers were given preference when determining custody by family courts across the country. Today, state courts have shifted to a “best interests of the child” standard that favors neither the mother nor the father when deciding who has legal rights over the child or where they should live. It’s true that, in many… Read More »
What is Parental Alienation and How Do I Prove It in New York State?
When deciding a custody arrangement, New York courts will consider the best interests of the child. The courts presume that it is always in the child’s best interests to have both parents play an active role in their life. The court must find a good reason such as abuse, neglect, or substance abuse issues… Read More »
Mother Deprived Custody of Her Child on the Basis of Refusing to Vaccinate for COVID-19
While the COVID-19 quarantine is safely in our rearview mirror, issues related to COVID-19 still persist. In one custody hearing filed in the state of New York, two parents differed on whether or not to vaccinate their children. The father, who was vaccinated, advocated that his children should be vaccinated against the virus. The… Read More »
Life-Altering ‘Money Rules’ You Must Know for Divorce
There are critical money rules hidden in your marriage contract that you should be aware of before the divorce process begins, or is even contemplated. You might assume that assets will be split 50-50 upon divorce however, this isn’t necessarily the case: In New York, marital assets are divided based on equitable distribution, which… Read More »
Discipline & Abuse in Family Law & Child Custody Matters
As Rockland County family law attorneys who assist clients with child custody matters after divorce, we frequently hear concerns from one parent about child abuse and neglect. It can be difficult for couples who have to share children and in knowing that one’s children are safe when they are with the other parent. When… Read More »
Child Support for Domestic Violence Victims in New York
August has been designated Child Support Awareness Month here in New York. To that end, the state recently announced that it is committed to making the child support process safer for domestic violence survivors: State agencies are coordinating a federally funded pilot program, the Safe Access for Victims’ Economic Security (“SAVES”), which, in part,… Read More »
Birdnesting After Divorce: What It Involves
Birdnesting is an unconventional arrangement, whereby divorcing couples with children taking turns living in the family home, often on a week-by-week basis, with the rest of the time typically spent in a rental or other family-owned property. Some couples find that setting up an arrangement like this helps their children adjust to the divorce… Read More »
When A Non-Biological Parent Has Child Custody Concerns
When one family member (or guardian) has custody of a child, and has raised them for most or all of their life, but the child’s biological parent – just released from difficult circumstances, such as serving time in prison – now wants custody, this can sometimes give rise to a custody battle, especially if… Read More »
Frequently Asked Child Support Q & A In New York That May Surprise You
The details and circumstances surrounding child support are very complicated, and can include severe consequences when compliance is an issue, warranting working with an experienced local attorney to ensure that you have a voice in the system. Below, we go through some surprising facts surrounding paying child support in New York: Support Is Until… Read More »